Having a felony on your record can cause serious problems even after you’ve served your sentence. Felons may have difficulty finding a job, renting an apartment or getting higher education. You may pay higher insurance premiums or higher interest on credit cards. These issues can be even more difficult to contend with if you never committed the crime in the first place. Fortunately, most states have procedures to stop this from happening and allow you to move on with your life.

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Steps

Method 1 of 5: Getting Your Record Sealed

1

Understand the difference between a sealed record and an expunged record. If a criminal record is sealed, it’s hidden from the general public but still exists. Sealed records also can be unsealed in some instances, while expungement erases the record permanently.[1]

If your record is sealed, the felony typically would not appear when someone ran a criminal background check on you, such as if you’ve applied for a job or to rent an apartment.[2]

Some states such as Illinois do not allow records of any felony convictions to be either expunged or sealed under any circumstances absent pardon from the governor.[3]

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2

Make sure the required time has elapsed since your conviction. All states require you to wait a few years after you’ve served your sentence before you can get your record sealed. During that time, you should avoid any further brushes with the law.

The waiting period may differ depending on the severity of your crime. For example, Massachusetts requires you to wait 10 years before applying to have a felony record sealed, compared to five years for a misdemeanor conviction.[4]

Check when the waiting period starts. In some states, you must first complete any period of probation and pay all fines. In other states, the waiting period begins the day you’re convicted, or the day you leave jail.[5]

In many states, records may be sealed upon request after a certain period of time has elapsed without further review. However, you must maintain a clean record during that waiting period.

3

Complete the state forms. Forms to seal your criminal record may be available at the state court or probation office. Legal aid offices may also have the correct forms.[6]

You may need to file other documents with the form, such as copies of your criminal record or the final order of conviction.[7]

4

File or mail the state forms. The forms will tell you how to get them to the correct person for review. In some states, petitions to seal records are reviewed by a judge.[8] In others, you can mail them in to the probation office.[9]

If you have to file your forms with a clerk of court, expect to pay filing fees ranging from less than a hundred dollars to a few hundred dollars.[10]

5

Attend your hearing, if necessary. Some states require a hearing before a judge or parole board to seal your record.[11] In other states the process of sealing a record is an administrative process requiring nothing from you apart from your signature on the petition.[12]

You generally don’t have to do anything if your petition is granted. Your records automatically will be sealed, although it may take some time for that to take effect.

If your petition is denied, you’ll be informed of the reasons for its denial, the steps you can take to address those reasons, and when you can reapply to have your record sealed.[13]

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Method 2 of 5: Getting Your Record Expunged

1

Find out if expungement is available in the state where you were convicted. Expungement wipes the felony off your record, almost as though it never happened. Only 16 states allow expungement of a conviction.[14]

The general public may not know about your expunged felony, but law enforcement agencies and courts still have access to it. If you’re convicted of another crime after having a prior conviction expunged, the expunged conviction may still be used in sentencing.[15]

Even if you’re successful in getting your conviction expunged, you may still have to disclose it in some instances, such as if you’re applying for a professional license or a job in law enforcement.[17]

2

Make sure the required time has elapsed since your conviction. In most states you have to wait anywhere from a few months to several years after your conviction before you can file to have the record expunged.

The length of time you have to wait can depend on several factors, including your age and the severity of the crime. Those factors vary from state to state.

The waiting period doesn’t start until after you’ve finished all aspects of your sentence. This includes successfully completing any probation period and paying all fines.[18]

3

Gather your records. In many states, you’ll have to present police and court records about your felony when you file for expungement. You probably will have to pay fees for certified copies of those documents.[19]

You also will need copies of your criminal history and fingerprint records from your local police station. In some states, such as Florida, you also must have new fingerprints taken to submit with your expungement petition.[20]

4

Complete the necessary forms. States have a form, typically called a Motion or Petition for Expungement, to file with the court. All you have to do is fill in the blanks.[21]

You should consider talking to a criminal defense attorney if you find the forms or process difficult, or have problems getting the necessary documents or information. You may be able to talk to someone in the public defender’s office or find the attorney who handled your case originally.

5

File and serve your expungement forms. After you’ve finished filling them out, you need to file your forms with the proper clerk of court. Some states also require you to serve the form to district attorneys or law enforcement agencies.[22]

If the state requires you to serve your expungement papers to law enforcement officials, keep in mind you cannot do this yourself. The clerk’s office will have a list of local process serving companies, and you’ll have to use one of those.

You’ll pay fees to file your expungement request, which usually amount to a few hundred dollars. If your state required you to serve the forms, there will be fees for service of process as well. These fees are nonrefundable.[23]

When the clerk stamps and files your petition, she’ll give you a docket number and schedule your hearing.[24]

6

Appear in court for your hearing. In some states judges hold expungement hearings, while others use parole boards.[25]

The hearing may be less formal than a trial, but you should treat it with the same respect. Dress neatly and conservatively, and arrive early with copies of all the documents you’ve filed.[26]

The judge or parole board must decide if you’ve been successfully rehabilitated, so you may be asked questions about your education, home and family life, financial health, physical well-being, or employment.

Police officers or district attorneys also may attend your hearing to object to the expungement of your record.

If the judge grants your expungement, you need copies of the signed Expungement Order to deliver to law enforcement agencies. The clerk’s office will let you know where those need to be sent.[27]

If the judge denies your request for expungement, ask her to list the reasons for the denial and explain what you can do. After a period of time, you typically an reapply for expungement if those issues have been resolved.[28]

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Method 3 of 5: Getting a Certificate of Actual Innocence

1

Learn if you are eligible for a Certificate of Actual Innocence. These certificates are a more powerful form of expungement and not only erase or seal a record, but prove that the record should never have existed in the first place.[29]

Generally you can file a petition for a certificate if you believe you are innocent of a crime for which you were convicted, and you’ve discovered new evidence that wasn’t available at the time of your conviction that would exonerate you.[30]

Certificates of Actual Innocence typically are given following a case of wrongful conviction that results in your conviction being overturned. For example, you may have been pressured to give a false confession after being unlawfully interrogated.[31]

Constitutional claims leading to Certificates of Actual Innocence often are brought by nonprofit legal aid societies such as the Innocence Project, or by clinics at law schools.[32]

2

Complete a petition. Forms and instructions should be available at your state appeals court. Legal aid societies also may have forms and information. The form you need may vary depending on whether you’re proving your innocence using biological materials such as DNA, or by other means.

Unlike petitions for expungement or sealing of records, there is no waiting period to file an actual-innocence petition.[33]

If you are not represented by an attorney, you may be eligible for an appointed attorney. You should not pursue a Certificate of Actual Innocence without legal assistance.

3

File your petition with necessary documents. You’ll pay a fee, usually around $50 to $100, to file your petition. Along with your petition, you must file copies of any court or police records regarding the conviction at issue.[34]

Necessary documents may include complete transcripts of the proceedings at trial or appeal, and complete court records. You’ll pay fees for these copies, which can be expensive depending on the length and involvement of the trial.[35]

4

Have the petition served on the state attorney general. You cannot serve the documents yourself. The sheriff’s office or a private process serving company of your choice will serve the documents and file proof of service.[36]

5

Attend your trial. Unlike expungement or record-sealing hearings, getting a Certificate of Actual Innocence is a formal trial at the appeals court level, and you must be represented by counsel. If you cannot afford an attorney, the court will appoint one to guide you through this process.

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Method 4 of 5: Getting a Certificate of Rehabilitation

1

Determine if you are eligible for a Certificate of Rehabilitation. This document certifies that although you were convicted of the offense, you have since become a productive member of society and should not be penalized any further for your past.[37]

There are strict standards for proving you are rehabilitated, and these standards differ from state to state. Generally, though, you cannot have had any further brushes with the law and must be a responsible and law-abiding member of the community.

Not all convictions can be cleaned up with a Certificate of Rehabilitation. For example, in California those with convictions of certain felony sex offenses are not eligible.[38]

2

Gather any necessary records. You’ll want to include any documents that support your claim that you’ve been rehabilitated along with your petition.[39]

For example, if you’ve been working for the same employer since you were released, or have earned an associate’s degree, documentation of these accomplishments should accompany your petition.

3

Complete your petition. Answer all questions on the form completely and honestly, and include any necessary documents that prove the statements you make.

Some states also require testimonial letters from witnesses to your character and rehabilitation since your release.[40]

4

File your petition. Your petition for a Certificate of Rehabilitation should be filed at the court or parole board of the county where you live. In some states such as California, you may be eligible for an appointed attorney if you can’t afford to hire one to represent you during this process.[41]

5

Attend your hearing. You will have a hearing scheduled in front of a judge who will review your petition and ask you questions about your claim that you have been rehabilitated.

At the hearing, the judge will hear testimony from witnesses about your conduct while incarcerated and while on parole, as well as your subsequent rehabilitation.[42]

In some states such as California, if you are granted a Certificate of Rehabilitation, it is automatically transmitted to the governor’s office as an application for a pardon.[43]

Some states such as Ohio may revoke your certificate if you plead guilty or are convicted of a criminal offense after the certificate is issued.[44]

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Method 5 of 5: Getting a Pardon

1

Understand pardons are rare and seldom granted. To get a pardon, you must request one from the governor of the state in which you were convicted, or from the President of the United States if you were convicted of a federal crime.

If you are pardoned, the conviction remains on your record, but will have a line below it that states you’ve been pardoned, or forgiven, for committing the crime. Your civil rights, including the ability to own a firearm and serve on a jury, will be restored.[45]

Rules and procedures for applying for a governor’s pardon are different in every state. Some require that you complete your sentence, including any probation, and prove you’ve had no criminal activity for a number of years since.[46]

2

Complete an application for a pardon. State parole boards, prisoner review boards, and governor’s offices usually have fill-in-the-blank applications for you to complete.[47] You might also ask your local public defender’s office for assistance, although you do not need an attorney to apply for a pardon.

3

Send in your application for a pardon. Your parole board or local court clerk should have information on where to send an application and what documents should be included with it.

There typically is no application fee, although you might have to pay fees for certified copies of orders or transcripts to accompany the application.[48]

In many states the applications are first reviewed by the state’s parole or prisoner review board. The board then submits its recommendations to the governor’s office.[49]

Once you apply for a governor’s pardon you typically cannot follow up or check the status of your application. You simply wait until you hear back, which may take anywhere from six to nine months at a minimum. [50]

There is no appeal if your application is denied, although you may be able to reapply after a few years.[51]

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